Justia U.S. 7th Circuit Court of Appeals Opinion Summaries
Articles Posted in April, 2011
Richard Rennell, Jr., et al v. Randall Rowe, et al
In 2007 Rowe paid Rennell about $300,000 for his interest in a joint venture that managed manufactured housing communities. Rennell viewed the transaction as extortion and filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO). The District Court dismissed. The Seventh Circuit affirmed, reasoning that the agreements at issue were terminable without cause and Rowe did nothing more than engage in "hard bargaining" to reduce the amount he paid upon termination. Rennell had the choice of accepting the amount offered or suing for breach of contract. Rowe's "threat" to publicize the termination may have amounted to economic duress or breach of a contractual duty of good faith, but did not amount to extortion.
Posted in:
Criminal Law, U.S. 7th Circuit Court of Appeals
Zhou Ji Ni v. Eric Holder, Jr.
Ni was smuggled into the United States in 1990 and sought asylum in 1994. His petition was denied and the case was closed. Some years later, facing deportation, Ni attempted to establish fear of religious persecution. The Board of Immigration Appeals rejected the claim. The Seventh Circuit, affirmed, noting the difference between harassment and persecution. Testimony about treatment of Ni and his family in the 1970s and early 1980s and evidence about current conditions in China did not support a legitimate claim of fear of future persecution.
Posted in:
Immigration Law, U.S. 7th Circuit Court of Appeals